Subsection 2: Provisions specific to the building and public works professions

The hourly wage used to calculate holiday pay is the quotient of the amount of the last pay paid to the employee in the reporting company that last employed him/her by the number of hours worked during the period thus remunerated. In the event of a change in rates of pay, those applicable during the period of leave shall be taken into account. However, this provision only applies to employees…

The holiday pay referred to in article L. 3141-3 is calculated by multiplying one twenty-fifth of the hourly wage defined in article D. 3141-32 by twice the number of hours worked during the reference year. For each additional day of leave granted for whatever reason, the employee receives the quotient of the indemnity mentioned in the first paragraph by the number of days of leave to which this indemnity corresponds.

The employer shall provide the employee, prior to his departure on leave or on the date of termination of his contract, with a certificate in duplicate enabling the employee to prove his entitlement to leave to the last employer’s affiliation fund. This certificate indicates the number of hours worked by the employee in the company during the reference year, the amount of the last hourly wage calculated in accordance with…

A commission set up within each paid leave fund rules on any disputes that may arise concerning the holiday entitlements of employees declared to the fund. It is made up of an equal number of employer and employee members appointed by the regional director of companies, competition, consumption, labour and employment and chosen from the employers’ and employees’ organisations that are representative at regional level for the professions covered.

For the application of the laws and regulations relating to paid holidays, the paid holiday funds are subject to the supervision of the Labour Inspectorate in the professions concerned.

The employer must at all times provide proof to the Labour Inspectorate, police officers and authorised inspectors of the affiliation fund to which he is affiliated, that he is up to date with his obligations to the fund.